Commission Regulation (EC) No 597/2002 of 5 April 2002 amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 on the common organisation of the market in cereals
Date: 2002-04-05
Institutions: European Commission
Subjects: CCT duties, cereals, customs formalities, food processing, import licence

6.4.2002

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Official Journal of the European Communities

L 91/9

COMMISSION REGULATION (EC) No 597/2002

of 5 April 2002

amending Regulation (EC) No 1249/96 on rules of application (cereal sector import duties) for
Council Regulation (EEC) No 1766/92 on the common organisation of the market in cereals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1) as last amended by Regulation (EC) No 1666/
2000 (2), and in particular Article 10(4) thereof,

different qualities of the same product, the taking of
samples to achieve the above objective no longer has
any point.

(5)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Cereals,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

Article 2(4) of Commission Regulation (EC) No 1249/
96 (3), as last amended by Regulation (EC) No 2104/
2001 (4), provides for the issue by the customs authority
at the port of unloading of a certificate attesting the
quantity of each product unloaded. However, the Regu-
lation does not lay down the format of that certificate
and this has caused a lack of harmonisation. In order to
overcome that problem therefore, a model certificate
should be included.

In particular, exceptional circumstances,
the repres-
entative cif prices calculated in accordance with Article 2
of Regulation (EC) No 1249/96 result in a duty being
fixed for lower quality common wheat that is less than
that for higher quality common wheat. The lower duty
should be applied to the qualities concerned.

Under Article 5 of Regulation (EC) No 1249/96, where
the duty on the quality to be imported is not the highest
duty for the product concerned, importers of common
and durum wheat must lodge a specific security addi-
tional to those required under Commission Regulation
(EC) No 1162/95 (5) as last amended by Regulation (EC)
No 2298/2001 (6). The purpose of that guarantee is to
ensure that the duty applicable to the quality imported is
paid. Where the duty applicable to each quality is zero,
that guarantee is no longer necessary.

Article 6(1) of Regulation (EC) No 1249/96 provides for
the customs authorities to take representative samples of
certain products on import in order to determine the
rate of duty applicable on the basis of the quality of the
product. Where the import duty is the same for the

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 161, 29.6.1996, p. 125.
(4) OJ L 283, 27.10.2001, p. 8.
(5) OJ L 117, 24.5.1995, p. 2.
(6) OJ L 308, 27.11.2001, p. 16.

Article 1

Regulation (EC) No 1249/96 is amended as follows:

1. The second subparagraph of Article 2(4) is replaced by the

following:

‘The customs authority at the port of unloading shall issue a
certificate in accordance with the model given in Annex VI
attesting the quantity of each product unloaded. For the
duty reduction to be granted this must accompany the
goods until completion of the customs import formalities.’

2. Article 4(2) is replaced by the following:

‘2.
The representative cif import prices for durum wheat,
barley, maize and, in the case of common wheat, for each
standard quality shall be the sum of
the components
referred to in paragraph 1(a), (b) and (c).

However, where the representative cif price for a lower
quality common wheat is higher than that for higher quality
common wheat, the higher representative cif price shall be
used for calculating the duty applicable to the qualities
immediately above whose representative cif price is lower.

In cases where third countries grant subsidies on exports of
medium or low quality common wheat to European or
Mediterranean basin countries so that world market prices
can be undercut, the Commission may take account of
those subsidies in establishing the representative cif price for
importation into the Community.’

3. The following paragraph is added at the end of Article 5:

‘However, where the import duty applicable to the different
qualities is zero, the commitment referred to in the second
indent of the first paragraph shall not be required.’

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Official Journal of the European Communities

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4. The first subparagraph of Article 6(1) is replaced by the

following:

not take place where the import duty for the different
qualities is the same.’

5. The text of the Annex hereto is added as Annex VI.

‘1.
The customs office of release for free circulation shall
take representative samples, in accordance with the Annex
to Commission Directive 76/371/EEC, of every consignment
of durum wheat, of common wheat of standard high or
medium quality and of flint maize. However, sampling shall

Article 2

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 April 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

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ANNEX

‘ANNEX VI